It seems desirable in this place to make a digression in order to consider the problem of law and the legal side of social phenomena in the Australian aboriginal society, as we shall often have to use these concepts. A more detailed and exhaustive discussion of it would involve a treatise on primitive law, but as I am unable to indicate any place where the concepts in question are defined in a way satisfactory for the present purpose, I define them here briefly.[20] [20] In the treatises on primitive law and on family law such general concepts as "legal" or "law" are never explicitly defined. Perhaps such a definition is superfluous for a specialist, but I think that especially in the ethnology of primitive peoples precise concepts and explicit definitions are necessary. I may, however, mention the following places where there are some attempts at definition-- _Post_, _l.c._, i. sec. 3, pp. 8-10. The author gives a few remarks about the beginnings of law. He maintains it existed as _Rechtsgefühl_, feeling of legality, and was evolved through a system of juridical verdicts, given according to this sentiment. There were no legal norms at the beginning.--This passage is unsatisfactory, both because it does not give any strict definition and because it does not seem to be in agreement with the facts. _Kohler_, _l.c._, p. 323. No strict definition given. Besides the author says that there is no organization (_staatliche Organisation_), no tribunal, and no executive among the Australian aborigines. This assertion may be questioned; compare below. _Durkheim, D.T.S._, pp. 28 _sqq._ and 108 _sqq._ There are some interesting remarks bearing upon our subject; but there are no sufficiently clear definitions, especially none to suit the laws of quite primitive peoples. _Lord Avebury_, _l.c._, chap. xi. pp. 464 _sqq._ No definition of what "law," "legal," should mean in very low societies, attempted. Law and custom are not discriminated. Some interesting remarks on punishment (pp. 495 _sqq._) are not utilized in order to afford strict concepts.